Hoard v. Peck
New York Supreme Court
APPEAL from an order made at a special term, denying a motion for a new trial, upon the minutes of the judge. " The action was tried at the Jefferson county circuit court, before his honor Justice Mullin.
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APPEAL from an order made at a special term, denying a motion for a new trial, upon the minutes of the judge. " The action was tried at the Jefferson county circuit court, before his honor Justice Mullin. The jury found a verdict for the plaintiff for $500. The defendant moved for a new trial upon the minutes, at a special term held before the same justice; who denied the motion; and from his order the defendant appealed, and the case and exceptions were ordered to be heard, in the first instance, at the general term.
1Opinion of the CourtFoster, J.
The facts claimed in the complaint, and proved on the trial, were as follows : The plaintiff and his wife were residents of the village of Watertown, in the county of Jefferson. They had two children. The wife of the plaintiff, previous , to January, 1866, enjoyed good health, and had the charge of the'plaintiff’s household affairs, and of the children. The defendant had been for some years a druggist, in that village, and knew the plaintiff and his wife. From January, 1866, to October of that year, the defendant from day to day secretly sold to the wife, to be used by her as a beverage, and…
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